City of Maud, Oklahoma

PART 17

UTILITIES

CHAPTER 1

UTILITY SYSTEMS GENERALLY

SECTION 17-101 LEASE OF SYSTEMS.

1. The city hereby consents and agrees to the lease of the city’s water, sewer and refuse systems and facilities and all future additions thereto to the Maud Municipal Authority, a public trust, as authorized by statute. The trust has power to set water, sewer, and refuse collection rates and otherwise to regulate the water, sewer and refuse collection systems. The motions and resolutions adopted by the trust replaced any ordinances which the city had relating to these matters. For the motions and resolutions passed by the public trust, please refer to the minutes of the Maud Municipal Authority. A copy of the trust indenture relating to the leasing of these systems is on file in the office of the city clerk-treasurer.
2. For the purposes of this section, the terms “City”, City of Maud”, “Authority” and “Maud Municipal Authority” shall be taken to be synonymous, and shall be interchangeable.

SECTION 17-102 RULES AND REGULATIONS ADOPTED BY REFERENCE, PENALTY.

1. The rules or regulations adopted by the Maud Municipal Authority to govern and regulate utilities are hereby adopted and incorporated herein by reference, and are fully applicable as if set out at length herein.
2. Any violation of the rules or regulations established by the Maud Municipal Authority is punishable as provided in Section 1-108 of this code.

SECTION 17-103 FEES, RATES AND CHARGES FOR UTILITY SERVICES.

1. All charges and fees for utility services, including tap fees, monthly fees and any other charges, for customers within and without the city, shall be as set by the board of trustees of the Maud Municipal Authority by motion or resolution, and a copy shall be on file in the office of the city clerk-treasurer.
2. Deposits by water service applicants shall be in such sums as established by the board of trustees of the Maud Municipal Authority by motion or resolution. Applicants shall not be provided with water service until the deposit is paid. The deposit shall serve to guarantee the payment of the charges for water, sewer, and refuse collection services, and other amounts owed to the city in connection with such services. When a customer's service is discontinued, the deposit or any part of the amount deposited which remains after all charges and amounts due the city are satisfied shall be returned to the customer.

SECTION 17-104 BILLING, WHEN DUE, DELINQUENCY, WATER SHUT OFF.

All bills for utility services shall be due and payable on the first day of the calendar month following the service month when the service was rendered. The bill shall become delinquent if not paid on or before the fifteenth day of the month in which it becomes due. A ten percent (10%) penalty shall be charged on delinquent bills. Water may be shut off in the manner approved by the board of trustees of the Maud Municipal Authority for any premises where the bill remains unpaid after the fifteenth day of the month in which it becomes due. Bills rendered when service is discontinued shall be due and payable at the time the bills are presented or mailed to the customer.

SECTION 17-105 COLLECTION FEES

A collection fee of Thirty-five percent(35%) of Utility bills, penalties, fees and other charges shall be added to any such case which is referred to a collection agency for collection. Said collection fee to remain with the collection agency as payment for services rendered in collection of said debt.
Ordinance 2018-04, December 17, 2018

SECTION 17-106 BILLINGS; WATER RESALES TO CITY SEWER CUSTOMERS.

Where water is sold by the city and metered to a person for resale to water consumers who are users of the city sewer system, the first purchaser shall be responsible to the city for the billing and collecting of the sewer service charges to the resale water customers who are users of the city sewer system. The first purchaser shall account to the city for all such sewer charges at the time such first user of water pays the water bill. When requested by the city, any purchaser of water for resale to consumers shall furnish and certify the number and location of all of the purchaser's water customers who are users of the city sewer system.
Ordinance 2018-04, December 17, 2018

CHAPTER 2

WATER SERVICE

SECTION 17-201 APPLICATION FOR WATER SERVICE.

Any person desiring to secure water from the city system shall make an application therefor to the city clerk-treasurer. The applicant shall give such reasonable information as the city clerk-treasurer may request,

SECTION 17-202 ONE PREMISES TO A METER; SUBSIDIARY CONNECTION NOT ALLOWED.

Not more than one premise may be connected to any one water meter. No customer shall make or permit to be made any subsidiary connection of another's premises with his water service.

SECTION 17-203 TURNING ON WATER.

It is unlawful for any person to turn the water on to any premises from the city water system, except by permission of the city. Water shall not be turned on until the plumbing on the premises is deemed by the city to be satisfactory and until any and all deposits and charges have been paid. The department will see that the water is turned on when all requirements for service have been complied with.

SECTION 17-204 CUSTOMERS TO KEEP SERVICE PIPES IN GOOD REPAIR; NOT WASTE WATER.

All customers using city water shall keep their service pipes, stop cocks, and other water apparatus in good repair and in proper operation, and shall not unnecessarily waste water.

SECTION 17-205 CITY NOT RESPONSIBLE FOR WATER STOPPAGE.

The city shall not be responsible for any damages due to stoppage or interruption of water service.

SECTION 17-206 NO SERVICE CONNECTION UNTIL BILLS HAVE BEEN PAID.

A person owing a water bill or other charges in connection with the city water system shall not be extended city water service until such bills and charges have been paid.

SECTION 17-207 CITY MAY CUT OFF SERVICE.

The city reserves the right to cut off water service to any customer when necessary for the public welfare.

SECTION 17-208 CITY PERSONNEL MAY INSPECT PRIVATE PREMISES.

City personnel in the service of the city water system may enter private premises served by the city water system at any reasonable times, and inspect the water pipes and fixtures on the premises.

SECTION 17-209 INTERFERENCE WITH FIRE HYDRANTS; DAMAGE OF WATER SYSTEM.

1. It is unlawful for any person, except one duly authorized by city personnel, to open, turn on or off, interfere with, attach any pipe or hose to, or connect anything with, any fire hydrant belonging to the city.
2. It is unlawful for any person to obstruct access to any fire hydrant by placing around or thereon brick, lumber, dirt, or other thing, or in any other manner.
3. It is unlawful for any person to damage, destroy, or tamper with any pipes, meters, or other equipment or property which is a part of the city water system.

SECTION 17-210 WATER MAY BE CUT OFF.

Water may be cut off and service discontinued for any user for any of the following reasons;

1. Violation of any ordinance provision relating to the water system, or violation of any ordinance provision or any provision of any code adopted by reference relating to water and sanitary plumbing;
2. Failure to pay a water bill or other proper charge in connection with the water system by the time specified by ordinance; or
3. Any act or omission in regard to the water system or sanitary sewer system, the use of water, or the disposal of liquid wastes, which jeopardizes the public health or safety, creates a public nuisance, or interferes with the rights of others.

SECTION 17-211 TURNING WATER ON AGAIN.

When a customer's water service has been cut off because of delinquency or act or omission of the customer, as provided by ordinance, it may be turned on again when all charges have been paid or other charge in the conditions justify it. A charge shall be made for turning the water on again.

SECTION 17-212 WATER TO BE TURNED BACK ON ONLY BY CITY AUTHORITY.

When water has been turned off by city personnel, it shall not again be turned on except by permission of the city.

CHAPTER 3

SEWER SERVICE

SECTION 17-301 DEFINITIONS.

For the purpose of this chapter, the following terms are hereby defined;

1. "Sanitary sewer system" includes all sanitary sewer trunk lines, main lines, sub-main lines, lateral lines, and sewer treatment plants, and all sewer lines connected to the city's sewer lines or treatment plants whether owned by the city or not;
2. "Sanitary sewage" means the liquid waste which may or may not contain solids, originating in the sanitary conveniences for personnel of a dwelling, business building, factory, institution, or other place.

SECTION 17-302 SEWER TAPS.

1. All taps made on the sanitary sewer system of the city shall be made by a licensed plumber or by or under the supervision of an official of the Municipal Authority.
2. The board of trustees of the Municipal Authority, by motion or resolution, may set a sewer tap fee which must be paid to the city clerk-treasurer before tapping the sanitary sewer system.

SECTION 17-303 GENERALLY

All persons and contracting parties utilizing or connecting to the City’s sewer system, either directly or indirectly, shall exercise reasonable measures to prevent a break in or a leak from any private sewer line and to expeditiously repair any such defective private sewer line, and thereby prevent any threat to the health, safety or welfare of the public by maintaining all private sewer lines in watertight and non-leaking condition and in accordance with all City standards and specifications.

SECTION 17-304 PUBLIC NUISANCE

The Mayor is hereby authorized to declare a break in or a leak from a private sewer line, directly or indirectly connected to the City’s sewer system, which causes a threat to the health, safety or welfare of the public, to be a public nuisance. Upon said declaration by the Mayor that a public nuisance exists, the contracting party or a responsible person at the serviced premises shall be notified by the City that a public nuisance exists, that said nuisance must be remedied, and that any failure or refusal to make or cause to be made the necessary repairs may result in the suspension of water service to all premises contributing to the public nuisance.

SECTION 17-305 HEARING

Upon the notification of the contracting party or a responsible person at the serviced premises of the declaration of a public nuisance, the contracting party, or another on his behalf, shall within 24 hours demonstrate to the Mayor that a licensed plumber has been retained or arrangements have been made with a licensed plumber for the purposes of remedying the public nuisance within a time period deemed reasonable by the Public Works Director or shall show other good cause why water service shall not be suspended pending the repair of the aforementioned defective private sewer line. Said necessary repairs or arrangements for repairs to the defective private sewer line must be reasonable verified by the licensed plumber to the Mayor within the aforementioned 24-hour notice period. Should said necessary repairs be made by a licensed plumber or should arrangements be made with a licensed plumber for said necessary repairs to be made within a reasonable time period acceptable to the Mayor, then service to said premises shall not be suspended hereunder.

SECTION 17-306 SUSPENSION OF WATER SERVICE FOR FAILURE TO COMPLY

If any contracting party fails or refuses to contact the Mayor to show cause why water service should not be suspended to the serviced premises, or to demonstrate that a licensed plumber has been retained or arrangements have been made with a licensed plumber to make the necessary repairs within a reasonable time, or if any contracting party fails or refuses to make or cause to be made such repairs as necessary to terminate the public nuisance within a reasonable time, or has failed or refused to have the licensed plumber verify the arrangement to make the necessary repairs hereunder by contacting the Mayor, such a failure or refusal shall be cause for the suspension by the City of water service at the serviced premises without further notice. In addition, should said necessary repairs not have been made within said reasonable time, or pursuant to the standards, specifications and requirements of the City, or should said repair not have been made pursuant to said arrangements, then said water service to the serviced premises shall be suspended. Once suspended, water service to any serviced premises shall not be reinstated until such time as the aforementioned necessary repairs are completed and inspected by the City and costs paid, or good cause shown by the responsible party.

SECTION 17-307 RESPONSIBLE PARTY

All repairs required under this article and all maintenance of private sewer lines and any expense resulting therefrom shall be the responsibility of the contracting party, the owner, or the occupant of the premises serviced by said private sewer line.

SECTION 17-308 ADDITION TO OTHER REGULATIONS

This section shall be in addition to any other ordinance or regulations or authority of the City or Oklahoma Department of Environmental Quality to deal with a public nuisance.

SECTION 17-309 CONTRACT

This section shall be incorporated in and be a part of each and every contract for water or sewer service provided by the City within the City limits.

SECTION 17-310 DENIAL OF WATER CONNECTION

The Mayor is hereby authorized to deny initiation of water service to any serviced premises which has a defective private sewer line or system.

SECTION 17-311 DEFINITIONS

1. Costs as referred to herein shall include all inspection fees, water service initiation and suspension charges, and any other fee provided for by this Code.
2. Serviced premises as referred to herein shall include any and all premises, which directly or indirectly contribute effluent to the defective private sewer line causing or contributing to the public nuisance.
3. Contracting party as referred to herein shall include any person, party or parties, corporations, association or other entity or entities, which has contracted for or is requesting a contract for sewer service from or in the City.

CHAPTER 4

GARBAGE AND OTHER REFUSE

SECTION 17-401 DEFINITIONS.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section;

1. "County health officer" means the county health officer of Pottawatomie County, Oklahoma, or any authorized representative of the city;
2. "Garbage" means all putrescible wastes, except sewage and body wastes, including all meat, vegetable and fruit refuse, and carcasses of small animals and fowl from any premises within the city limits;
3. "Premises" means land, buildings or other structures, containers, vehicles, watercraft or parts thereof, upon or in which refuse is stored;
4. "Refuse" means ail solid wastes, including garbage and rubbish;
5. "Rubbish" means tin cans, bottles, papers, tree limbs (which shall be cut into lengths not exceeding three and one-half (3 1/2) feet, leaves, etc., from any premises within the city limits; and
6. "Rubble" means brushwood, cardboard boxes and other bulky earthen, wooden or metal refuse-like materials, longer, larger or heavier than refuse.

SECTION 17-402 SERVICES AND FEES FOR SAME ARE MANDATORY.

Each and every owner, tenant, occupant or lessee of any family dwelling, separate apartment, building, office or premises within the corporate limits of the city is required by this chapter to accept and use the refuse and garbage services provided by the municipal authority and to pay to the clerk of the authority the prescribed fee or fees for such refuse and garbage service.

SECTION 17-403 BOARD OF TRUSTEES TO REGULATE COLLECTION SCHEDULES.

The board of trustees of the Municipal Authority, by motion or resolution, shall have power to prescribe the frequency and schedule of garbage and refuse collection from premises of various kinds, such as residential, business and other premises. Initially, service will be furnished to the residential and all other areas on a schedule as set by the board.

SECTION 17-404 CONTAINERS PROVIDED.

1. One mobile container (polycart) shall be provided to each household by the city. This mobile container shall be used as the first means of disposing of garbage. Additional garbage may be placed in plastic bags, of at least two-ply, containing less than thirty-nine (39) gallons tightly tied, and weighing less than forty (40) pounds per bag, not to exceed five (5) bags. All additional items or plastic bags, after the initial five (5), will be picked up for an additional cost pursuant to the city fee schedule. No other containers, except those provided by the city, shall be permitted. Additional mobile containers (polycarts) may be obtained for the disposal of garbage at a cost pursuant to the city fee schedule.
2. The containers provided for in Subsection A shall be placed within ten (10) feet of the street curbside and no gate granting access to the container shall be locked. It shall be the responsibility of the resident to place the container near the curb on the day designated for pickup by 7:00 a.m. Resident shall remove the container from curbside on the same day.
3. Mobile containers that are damaged or destroyed through abuse, neglect or improper usage by the resident shall be repaired or replaced by the city at the expense of the resident or owner of the residence. Mobile containers that are stolen or damaged through normal and reasonable usage will be repaired by the city at the city's expense.
4. Businesses collected on mobile container routes will be provided with mobile containers, or with dumpsters in accordance with the fee schedule approved by the city.
5. Brush will be accepted for pickup provided the bundles of brush are no longer than two (2) feet and no more than twelve (12) inches in diameter and placed at curbside.
6. It is unlawful for any person to deposit for collection, on any street, parking or any private property in the city, any garbage, refuse or rubbish without placing it in enclosed containers meeting the requirements of this section.

SECTION 17-405 AUTHORITY TO REMOVE REQUIRED.

It is unlawful for any person, firm or corporation other than the city or its contractors to remove from any premises in the city or to transport through the streets, alleys or public places any garbage or refuse.

SECTION 17-406 MUNICIPAL AUTHORITY MAY CONTRACT FOR COLLECTION.

The board of trustees of the Municipal Authority reserves the right and may enter into a contract with some suitable person or persons for the removal of garbage upon such terms and conditions as the council may prescribe.

SECTION 17-407 CONTAINERS TO BE ACCESSIBLE FOR COLLECTION.

Garbage and refuse containers shall be placed on the property adjoining and accessible to the alley line or such other place as may be approved by the superintendent of the sanitation department.

SECTION 17-408 UNLAWFUL TO DEPOSIT REFUSE ON STREETS, ETC.

It is unlawful and an offense for any person to deposit for collection on any street, alley or parking in the city, or any private property, any refuse except as herein provided. Each day the refuse is permitted to remain unlawfully in any alley, street, parking or elsewhere shall constitute a separate offense.

SECTION 17-409 FEES.

There shall be charged, assessed and collected from each customer served with garbage pickup and collection service a regular fee for each month or portion thereof, as set by the board of trustees of the Municipal Authority by motion or resolution. A copy of the current schedule is on file in the office of the city clerk.